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CASE STUDIES IN HUMAN RIGHTS EDUCATION AND CRITICAL EDUCATIONAL SCIENCEHenry, Colin, kimg@deakin.edu.au,jillj@deakin.edu.au,mikewood@deakin.edu.au,wildol@deakin.edu.au January 1995 (has links)
This thesis offers an account of the history and effects of three curriculum projects sponsored by the Australian Human Rights Commission between 1983 and 1986. Each project attempted to improve observance of human rights in and through Australian schools through participatory research (or critical educational science). That is, the research included, as a conscious feature, the effort to develop new forms of curriculum work which more adequately respect the personal and professional rights of teachers, especially their entitlement as persons and professionals to participate in planning, conducting and controlling the curriculum development, evaluation and implementation that constitutes their work. In more specific terms, the Australian Human Rights Commission's three curriculum projects represented an attempt to improve the practice and theory of human rights education by engaging teachers in the practical work of evaluating, researching, and developing a human rights curriculum.
While the account of the Australian Human Rights Commission curriculum project is substantially an account of teachers1 work, it is a story which ranges well beyond the boundaries of schools and classrooms. It encompasses a history of episodes and events which illustrate how educational initiatives and their fate will often have to set within the broad framework of political, social, and cultural contestation if they are to be understood. More exactly, although the Human Rights Commission's work with schools was instrumental in showing how teachers might contribute to the challenging task of improving human rights education, the project was brought to a premature halt during the debate in the Australian Senate on the Bill of Rights in late 1985 and early 1986. At this point in time, the Government was confronted with such opposition from the Liberal/National Party Coalition that it was obliged to withdraw its Bill of Rights Legislation, close down the original Human Rights Commission, and abandon the attempt to develop a nationwide program in human rights education. The research presents an explanation of why it has been difficult for the Australian Government to live up to its international obligations to improve respect for human rights through education. More positively, however, it shows how human rights education, human rights related areas of education, and social education might be transformed if teachers (and other members of schools communities) were given opportunities to contribute to that task. Such opportunities, moreover, also represent what might be called the practice of democracy in everyday life. They thus exemplify, as well as prefigure, what it might mean to live in a more authentically democratic society.
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The indigenous law of contract with particular reference to the Swazi in the Kingdom of SwazilandVan Schalkwyk, Adelle 30 November 2006 (has links)
This study was undertaken to establish whether the legal phenomenon known as a contract exist in indigenous legal systems and in particular, among the Swazi. As the underlying aims and consequences of indigenous contracts differ not only between indigenous peoples but is also affected by the degree of westernisation that has taken place, a micro study has been done in semi-rural areas in the Kingdom of Swaziland to establish if the existing value systems are altered or replaced when western legal institutions are introduced.
Data was obtained by way of interviewing a panel of experts and compared with available literature. Through the process of gathering information, the legal principles were described and the functioning of social processes noted.
Different indigenous contracts and general principles were identified. It must, however, be noted that a contract is more than a device for establishing the economic and legal implications of a transaction. Most contractual disputes are resolved outside the courts through negotiated settlements to restore harmony in the community. Although the Swazi law of contract is showing clear signs of adapting to new developments, there is proof that established legal principles and Swazi values are being retained.
This study will not only be useful as a source of information for both Swazi courts and administration, but could also serve as a basis for codification intended by the Swazi Government. For that purpose, a memorandum has been compiled for consideration by the Swazi authorities.
The compatibility of Swazi law and custom with a Bill of Rights was also evaluated and suggestions were made for possible law reform in the Kingdom of Swaziland. / Jurisprudence / LL.D.
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An investigation of learners' enrolment in Bela-Bela farm schools : a perspective in education managementMaponya, Sekolo Hendrick January 2010 (has links)
An investigation of learners’ enrolment in Bela-Bela farm schools is a study focused on the challenges encountered by farm schools. These challenges result in the decline of learners’ enrolment. The researcher has put more emphasis on the history of farm schools, legislation and policy, and socio-economic conditions of farm societies. The research method is qualitative in nature and it includes literature study, observations and semi-structured interviews.
It has been discovered from the data that families working on the farms migrate a lot, and this result in decline of learners’ enrolment in farm schools. Based on the findings, recommendations were made for improvements to assist in addressing problems faced by farm schools. / Further Teacher Education / M.Ed. (Education Management)
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The role of the judiciary in a modern state with a tradition of legislative supremacyRamaite, Mashau Silas 06 1900 (has links)
The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of government, has for a long time been the basic norm of South African constitutional law. In line with the Westminster prototype,
the South African judiciary did not have the power to review the substantive validity of legislation. The creation of a new order, based on a supreme Constitution which entrenches fundamental rights and gives the courts the
power to review not on! y the procedural validity but also the substantive validity of legislation, has brought about a significant change. This thesis examines the role of the South African judiciary during the transition from a system of legislative supremacy to one of constitutional supremacy and judicial review. The thesis is based on the interim Constitution of 1993. The entrenchment of fundamental human rights in the Constitution implies a
greater role for the judiciary. The judiciary has to apply and interpret the human rights provisions vigorously and fearlessly. The human rights provisions have to be applied and interpreted with a keen awareness that a
system of constitutional supremacy differs materially from one of legislative supremacy. In a system of legislative supremacy the intention of the legislature is paramount; in a system of constitutional supremacy the Constitution is supreme and overrides all laws, including Acts of Parliament, which are in conflict with it The doctrine of legislative supremacy has in the past led to a literalist and mechanical application of law; this has had a negative impact on the constitutional role of the South African judiciary. The provisions of a Constitution, especially its human rights provisions, are framed in wide and open ended terms; these need to be elaborated before they can be applied; the nature of these provisions, their purpose and the larger objects of the Constitution are important. The interpretation of the provisions of a supreme Constitution is incompatible with a literalistic and mechanical approach. A purposive and liberal or generous approach is called for. A framework and approach to the interpretation and application of South Africa's Bill of Rights are suggested in the thesis. / Constitutional International and Indigenous Law / LL.D.
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An analysis of De Klerk v Du Plessis 1994 6 BCLR 124 (T) in the light of section 35(3) of the constitution of South Africa Act 200 of 1993Selokela, Kwena Alfred 11 1900 (has links)
The issue of the vertical /or horizontal operation of the Bill of Rights (chapter 3) is a controversial one. The interim constitution deals with this controversy in a subtle way by avoiding direct horizontal operation of Chapter 3. Instead, it provides for the so-called 'seepage to horizontal relationships' in terms of section35{3). This apparently was a political compromise between the pro-vertical only and the pro-horizontal groups. The human rights history of this country justifies a Bill of Rights that would have both vertical and horizontal operation. However, in section
35 (3) there is potential for the values enshrined in the constitution and Chapter 3, and the spirit hereof, to permeate and filter through the entire legal system in all it's applications. It would seem, however, as demonstrated by the decision in De Klerk v Du Plessis, that the extent to which this filtering process will benefit individuals in their private relations, will depend on the interpretation given to section 35 (3) by the
courts. If courts, as it happend in De Klerk's case fail to realise the full import of section 35 ( 3) aspects of the existing law which are unjust could remain and the process of creating a just, open and democratic society will be
hampered. / Constitutional, International and Indigenous Law / LL.M.
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Beheer van die diskresionêre bevoegdhede van staatsamptenare : rol van die grondwet van die Republiek van Suid-Afrika, 1993 (Wet 200 van 1993)De Giorgi, Benita Valera 11 1900 (has links)
Ten einde arbitrere uitoefening van die diskresionere bevoegdhede waarmee staatsarnptenare
beklee word, te voorkom en te beperk, is beheer van sodanige bevoegdhede noodsaaklik.
In die verhandeling word die rol wat die Grondwet van die Republiek van Suid-Afrika, 1993
(Wet 200 van 1993) kan vervul in die uitoefening van beheer oor die diskresionere
bevoegdhede van staatsarnptenare ontleed. Sodanige ontleding geskied met verwysing na die
Handves van Menseregte en instellings en ampte wat hulle gesag en bevoegdhede aan die
1993-Grondwet ontleen. Bykomend hiertoe, word ondersoek ook ingestel na die belang en
relevansie van konstitusionalisme binne die konteks van publieke administrasie. / In order to prevent and to limit the arbitrary exercise of discretionary powers with which
public officials are endowed, it is necessary to control such powers. This dissertation
explores the role which the Constitution of the Republic of South Africa, 1993 (Act 200 of
1993) can fulfil in the exercise of control over the discretionary powers of public officials.
Analysis of the role of the 1993-Constitution in this regard, is done with reference to the Bill
of Rights and institutions and offices which derive their authority and powers from the
Constitution. In addition hereto, the importance and relevance of constitutionalism within the
context of public administration is also explored. / Public Administration and Management / M.A.
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Judicial enforcement of socio-economic rights under the 1996 constitution : realising the vision of social justiceNgcukaitobi, T January 2003 (has links)
Few legal developments in South Africa and elsewhere in the world in recent times have excited such controversy as the legal recognition of social and economic rights. South Africa has created a special place for itself in world affairs for being one of the countries that recognise socio-economic rights in a justiciable Bill of Rights. Partly this is in response to the appalling levels of poverty prevalent in the country which could potentially destabilise the new democracy. Improvement of the quality of life of every citizen is a crucial step in consolidating the constitutional democracy. The question that will face any court in giving effect to socio-economic rights is: how are these rights to be judicially enforced in a given context? The crux of this thesis lies in the resolution of this question. Firstly this thesis traces the philosophical foundations to the legal recognition of socio-economic rights. It is stated that the recognition of these rights in a justiciable bill of rights requires a conceptually sound understanding of the nature of obligations that these rights place on the state. It is emphasised that it is imperative that access to justice be facilitated to poor and vulnerable members of society for the realisation of the constitutional goal of addressing inequality. Particular concern and priority should in this context be given to women, children and the disabled. The study explores various judicial remedies and makes suggestions on new and innovative constitutional mechanisms for judicial enforcement of these rights. It is concluded that there is an important role to be played by civil society in giving meaningful effect to socio-economic rights.
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The Restructuring (Systemization) of Local Government under the Constitution of the Republic of South Africa, 1996Bekink, Bernard 04 December 2006 (has links)
In recent years South Africans have become accustomed to the fact that the local sphere of government is part and parcel of the new democratic structure of government in the Republic. Today, all local governments are clothed with a new status, a new autonomy and a distinctive character with specifically entrenched constitutional powers and objects. Notwithstanding its newfound importance, all local government institutions had to be transformed and restructured to fit into an entirely new constitutional framework. Such a restructuring process was an often arduous and time consuming process. The restructuring furthermore required an entire overhaul of all municipal authorities since the new Constitution requires mainly parliament to add substance to a simple constitutional framework. Parliament has recently completed its constitutional obligations in respect of the restructuring of local government and a completely new legal order regulating and managing all local government structures in South Africa has been developed and enacted. All municipal role players must now constructively and purposefully implement and enforce the various new legal requirements. This new research under the title, The restructuring of Local Government under the Constitution of the Republic of South Africa, now seeks to systemize and structure the new local government legal dispensation. Spanning over 22 chapters, this work covers almost all legal aspects of the new local government dispensation and addresses, inter alia, aspects such as the new status of local governments, the impact of the Constitution on municipal affairs, the various objectives and challenges facing all municipalities, the new legal nature of local government institutions, a discussion of the principles of co-operative government relevant to the local sphere of governance, a look at the new models of local authorities, the demarcation of municipal boundaries, the composition and functioning of local government structures, the role and importance of traditional leadership in municipal decision making, an overview of the entrenched powers and functions of municipalities, aspects concerning municipal services and sustainable service delivery, as well as the important principles relating to municipal finances and fiscal management. Copyright 2006, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. Please cite as follows: Bekink, B 2006, The Restructuring (Systemization) of Local Government under the Constitution of the Republic of South Africa, 1996, LLD thesis, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-12042006-163249 / > / Thesis (Doctor Legum (Public Law))--University of Pretoria, 2006. / Public Law / unrestricted
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Constitutional damages for the infringement of a social assistance right in South Africa are monetary damages in the form of interest a just and equitable remedy for breach of a social assistance rightBatchelor, Bronwyn Le Ann January 2011 (has links)
This dissertation will explore the revolutionary progression in the provision of monetary damages and the availability thereof due to the change in South Africa’s legal system from Parliamentary sovereignty to Constitutional supremacy after the enactment of the final Constitution in 19961. The Constitution of South Africa brought with it the concepts of justification and accountability as the Bill of Rights enshrines fundamental rights and the remedies for the infringement of same. The available remedies for the infringement of a fundamental right flow from two sources, being either from the development of the common law remedies in line with the Bill of Rights or alternatively from Section 38 of the Constitution, which provides for a remedy which provides ‘appropriate’ relief. The question that will be raised in this dissertation is, ‘does appropriate relief include an award of delictual damages?’ or a question related thereto ‘is an award of monetary damages an appropriate remedy?’ The motivation for this dissertation arises from the plethora of case law, especially in the Eastern Cape, that has come to the fore in the last sixteen years, highlighting the injustice of cancellations of social assistance grants and the non-payment of such in South Africa’s social security system, as well as the precedent that was set by our Constitutional Court and Supreme Court in remedying that injustice. The central case to this dissertation is that of Kate v Member of Executive Council for Department of Welfare, Eastern Cape 2005 1 SA 141 SECLD; Member of Executive Council, Department of Welfare, Eastern Cape v Kate 2006 (4) SA 478 (SCA), which is generally regarded as having paved the way for the granting of monetary damages for the infringement of an individual’s constitutional right as same require legal protection. Firstly the past approach to damages will be explored in relation to South Africa’s common law, being the Roman-Dutch law. The common law Aquilian action is the focal point of this dissertation in relation to the common law in that the granting of damages for the infringement of an individual’s social assistance right (being a specific constitutional right framed within the 1996 Constitution) results in pure patrimonial loss which in our common law system was remedied by the actio legis Aquilae. In delict, an award of damages is the primary remedy, aimed at affording compensation in respect of the legal right or interest infringed. After the common law system of damages has been explored, this dissertation will then examine the changes that have developed therefrom, and largely shaped by the current state of disorganization in the National Department of Welfare coupled with the all encompassing power of the final Constitution. The final Constitution provides the power, in section 38 of the 1996 Constitution, for the court to award a monetary remedy for the breach of a constitutional right. The question, however, is “does the award of monetary damages not merely throw money at the problem, whereas the purpose of a constitutional remedy is to vindicate guaranteed rights and prevent or deter future violations?” The battle for domination between the common law approach and the constitutional approach to damages is witnessed as the two systems eventually amalgamate to form an essentially new remedy, unique to South Africa. South Africa’s new system is aligned with the Constitution as the Constitution is the supreme law of the land and underpins the awarding of all damages and, especially, the awarding of constitutional damages. For the sake of completeness, alternatives to monetary damages will also be canvassed in this dissertation. It is hoped that the reader will, in the end, realize that the final Constitution is the supreme law of the land and as such dictates the manner and form in which damages are provided. If such provision is not in alignment with the Constitution, it will be declared invalid. The flexibility of our common law is put to the test, yet it is found to be adaptable to the ever-developing boni mores of society exemplified in the embracing constitutional principles and the production of this new remedy. The courts develop the common law under section 39(2) of the Constitution in order to keep the common law in step with the evolution of our society and the ever changing nature of bonos mores. / National Research Foundation
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An assessment of the constitution of the Evangelical Lutheran Church in southern Africa within the Bill of Rights as enshrined in the South African Constitution Act 108/1996Mashiane, Mafabo Andries Bernard 28 July 2008 (has links)
The constitution of ELCSA was adopted in the constitutional assembly held on 15 to 19 December 1975 at Rustenburg, Tlhabane. The constitution of South Africa was adopted on 08 May 1996 and amended on 11 October 1996 by the constitutional assembly. It is obvious from this situation that the ELCSA constitution was put together and adopted during the rule of the National Party in consideration of the constitution of South Africa at the time. This suggests that the bill of rights was not taken into account when the constitution of ELCSA was written. The church‘s top down management system of administration is questionable. The harmony of rights and the ELCSA constitution was tested. The labour relations requirements are not taken into consideration by the ELCSA constitution given the procedures followed to add in addressing employee disputes. The ELCSA constitution was critically evaluated for compliance. The areas of the South African Constitution that were not considered at the initial stage of the church constitution were identified during the study. It is imperative though that the Church should not find her self-making concessions on issues that are contrary to Christian beliefs and norms that form the basis of the faith. Dr Martin Luther’s two kingdoms provided some guidance when the church was under pressure regarding certain issues that are required by the law of the country. Particularly the church does not condone abortion. In this study it was established that some areas require the church to mobilise and challenge the state. The study is concluded by a discussion of areas that present conflict between the church and legal requirements, areas that the church is omitting to do and areas that the church has to take a stand on. This discussion included recommendations that the church has to consider ensuring that legislation is complied with and that there is no conflict with the church constitution. / Dissertation (MA(Theology) Church History)--University of Pretoria, 2008. / Church History and Church Policy / unrestricted
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